Hydro Operators Renew Push To Expand Limits On States’ 401 Reviews

August 3, 2022
California hydropower operators are seeking an en banc rehearing of an appellate panel ruling that rejected their attempt to broadly apply a landmark Clean Water Act (CWA) section 401 decision limiting state water quality reviews, arguing the panel’s underlying ruling renders both the law and the landmark Hoopa Valley decision “utterly meaningless.” “By artificially and unreasonably limiting Hoopa Valley to its specific facts, . . . the panel’s decision here renders Hoopa Valley a dead letter,...

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